FACULTY OF LAW AND SOCIAL SCIENCES

INTRODUCTION TO LEGAL WRITING(Y1S1)

Topic: Judicial Power
By Mr. ROTHSAMBATH DAVID
International Relations Year1 Semaster1
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Introduction

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 Introduction
About the power of the court:
• The judiciary is the power by which the state upholds and abides by the constitution, as well as
governs the country’s justice through the application of pre-established laws and regulations.
• The power of the court is the power of independence.
• The power of the court, ensure the future and protect the rights of the citizens.
• The power of the court covers all including the administration
• The power needs to be handed over to the Supreme Court and the Department of Education and
Every Level.
• Justice cleansing must be done in the name of the Khmer people according to the rules and
regulations.
• Only the judge has the right to clear the case. Judge needs to fulfill this duty with full respect of the
law and with all its heart and wealth.
• No organization of ruling power or operation can take any court power. 3
 Introduction
• Only the Opposition has the right to make permission slip.
• The King is the guarantee of the independence of the courts. The council of judges help the king in
this matter.
• Judge can’t be removes from function. But the judiciary council has decided to put the judgement
on the wrong judges.
• The Council of judges under the kingdom of the king. His Royal Highness can appoint one of his
representatives to be prime minister of this judge.
• The judiciary council has raised the request of the king about the nomination of the judge and the
principal of the school.
• The Supreme Court counselor’s office in front of the judges and the referee should be held under
the sovereignty of the Supreme Court or the supreme court judge depends on the case related to the
judge.
• The characteristics of the judge and the referee and the arrangement of the court will be set in
different laws.
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Law and Judiciary

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 Law and Judiciary
Despite the constitution being written more than 20 years ago, the rule of the law in Cambodia is
still young. But it Continues to Change shape by many internal and external factors and agents.
The Constitution of the Kingdom of Cambodia 1993 is the supreme law and governs the
government and institution of this country. It belonged to the constitution and is consistent with the
constitution. Many Problems as stated in the constitution, including sovereign role King’s status and
fundamental rights of the citizen’s National Assembly. the Congress and the government, the process
of the judiciary Constitution Council and the administration of the state.
Laws and decrees are hierarchical must be consistent with higher hierarchical texts.
• Constitution: the supreme law.
• International treaties: after the ratification of international treaties and conventions are a powerful
domestic law, and became Basis for court decision.
• Law: the law, which was drafted by the cabinet or proposed by the National Assembly will be
approved by the National Assembly and the Senate before thread Signature promulgated by the
king. 6
 Law and Judiciary
• Royal Decree: A decree issued buy or in the name of the King.
• Sub-Decree: signed by the Prime Minister after approval by the meeting of the Cabinet.
• Announced: issued by the minister who heads the Ministry and a member of the Government.
• Circular: issued by the Prime Minister and Minister to explain or clarify measures of provide
guidance.
• Warrants: issued by the Governor.

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 Constitutional Council

While the Constitution has a higher hierarchy than all laws in Cambodia, the
Constitutional Council of the Kingdom of Cambodia decided on questions related to
Constitutional of the law in force Draft/Proposed law and administrative affairs the
decision of the Constitutional Council is final and Block the way for protests, but it
can not initiate this constitutional review alone. The Constitutional Council of the
Magistracy, for a 9-years mandate. The Council can’t amend the constitutional by
themselves, but can suggest the National Assembly to amend.

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 Legislation process

The National Assembly and Senate has legislative power, meaning that a legal institution. Senates
members of parliament and the prime minister has the right to initiate Make rules. The legislative
process generally takes two three months. In an emergency, the law can only be passed. In just a few
years, the law must be approved by an absolute majority (50% plus 1) of all members of the National
Assembly, round. The senate, which wasn’t originally in the Constitution, was established by 1999
Amendment to the Constitution.
Most Cases have occurred in which the hierarchy of the rules are not respected. For example, Royal
Decree NO.0806/339 dated August 3,2006 Permission to classify state public land as state private
land (which may allow Economic land concessions can be made on state public land) which is likely
to violate the provision of the constitution and the 2001 Land Law. With a higher hierarchy within the
Cambodian legal system.

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 Judicial System and Courts
The Cambodian judiciary consists of the court of first Instance, the Court of Appeal and the
Supreme Court. And protect the rights and freedoms of the people. The Constitution provides for the
exercise of judicial power in a separate law.
Only judge have the right to try, Judges must fulfill this duty in strict accordance with the law and
with all their heart and soul. Its conscience. The right to a fair and just trial is enshrined in a number
of the laws and procedural rules. Manage the acceptance and rejection of evidence, such as coercive
testimony, is limited in the Code . Legitimacy is the right of all citizens as enshrined in the
Constitution. Due to lack of funding and inefficiency, by November 2013, despite the presence of
legal aid lawyers A total of 74 people from the government and seven provincial NGO in the country
do not have legal aid lawyers.
The Ministry of Justice is responsible for “protecting the independence of the judiciary” with civil,
criminal and general pardons. Offenders and international affairs.

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 Judicial System and Courts
In November 2014, the UN Special Rapporteur on the independence of judges and lawyer urged the
king to stop those who are likely to increase executive power to influence the judiciary through the
ministry of justice. In September 2015, the International Bar Association Issued a report declaring the
judiciary corrupt at all level, especially under the influence of the ruling party. The Ministry of the
justice of Cambodia acknowledges that corruption is a problem, but claim that situation is not as bad
as the International Bar Association No report was reported, suggesting that the report “does not fully
reflect the progress,” “Judicial reform.”
For 2015, the Rule of Law Index released by the world Justice Project ranks Cambodia 99th out 102
countries around the world and ranked 15th in East Asia and the Asia-Pacific Cambodia’s lowest
score in the index is due to the government’s improper use of influence in the system. Criminal
Justice, while the highest score was for the absence of civil conflict.
Cambodia ranks 112nd out of 113 countries surveyed worldwide in the latest among East Asian and
Asia-Pacific of legal non-profit. Index survey, awareness Rule of law in the country by scoring based
on eight factors, such as the rule use of government power Corruption, government openness, law
and order, law enforcement and the judiciary. 11
 Prison system

Twenty-eight national and provincial across Cambodia are managed by the Department of Prison of
the Ministry of Interior. In prison has been a concern for a long time foe government and non-
government organizations.
There has been a sharp increase in the number of inmates in Cambodia in the last decade. The
General Department of Prisons shows that in 2006 there were 9,634 inmates, by November 2016 the
number had increased Twice, nearly 21,700 people.
Observers have put this figure increase into better law enforcement work. This and the introduction
of the new law, which includes imprisonment as well as sanctions.
In 2015, the Ministry of Social Affairs, Veterans and Youth Rehabilitation drafted a law on juvenile
justice for the children rehabilitation while in prison.

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